Cabot/Morgan & My Monument card case

[sir fussalot]

Allan,

 

I think that just about sums up Cabrot. :grin:

 

If only the D.J's could be made aware of how they operate.

 

AND. AND....

 

the O.F.T faced up to its responcibilities......

 

If only...

 

 

fussey

[sir fussalot]

OH WELL,

 

In court later on this morning (Thurs,,),

 

Guess what ., received a third witness statement yesterday from Cabrot.

 

Saying that the dates on the Deed of Sale for the Deed of Assignment were incorrect, and that ,

 

"after requesting my supervisor to supply the correct signed , offer for sale letter. we now have the correct date of sale."

 

Then a copied letter saying,

 

"1 We refer to the account sale agreement (such account sale agreemnt, as from time to time amended supplimented or novated being herein called the account sale agreement ) dated 12th Oct 2005

and made between ourselves and yourselves.

 

2 Terms defined in the account sale agreement shall bear the same meaning herein.

 

3 We hereby offer to sell you on the 27th September 2006 (the

offer date). the accounts (the accounts) listed in the schedule

hereto and notify you that :

 

(i) the aggregate Face amounts of the accounts listed in the

schedule hereto as at 21 september2006 (which shall

constitute the determination date for the purpose of this offer)

 

was XXXX blanked out XX

 

(ii) the offer price (inclusive of a discount of XXX is £XXX

 

This is just a copy A4 sheet at the bottom it says,

 

Yours faithfully'

( scribble )

For and on behalf of Barclays bank plc.

 

There is no headed "Barclays or their address " on the letter,

and no printed name for the scribbled signature.

 

Then, there is a blank sheet headed, " Schedule. (list of accounts)."

 

So still no direct evidence to my account...

 

wish me luck

 

 

fussey

[Hadituptohere]

Hey Good Luck Fussey, That sounds like as much use as a chocolate fire guard, keep at the rights and duties as per S189 CCA its statute and therefore cannot be overlooked.

 

Hadituptohere

[vjohn82]

Any chance of posting it up here?

 

I assume there was no permission for them to file the WS? If so, then the Judge is perfectly at liberty to dismiss it.

 

In one of my cases one of my WS submissions was ignored entirely because I did not have permission to file it.... I suggest you argue the same!

[mercyblue]

they changed their ws with me at the trial and the judge thought that was fine.

[BeauBrummie]

The assignment is dead - long live the assignment:eek:

 

Good luck sirfuss -dont take any bull from them.

 

Beau

[sir fussalot]

V.J.

 

[vjohn82]

Like you say, no mention of your particular agreement/account etc. About as much use as Stevie Wonder's sunglasses.

[diddydicky]

i'd be inclined to ask for an adjournment and costs

 

as a LIP you may need time to understand the signficance of this late change of evidence and you might want to take advice as to calling this witness to court to be questioned

 

a witness who changes his statement should be interrogated and the evidence tested

 

if the judge refuses the adjournment and you lose- then there is yet another ground for an appeal

Edited July 1, 2010 by diddydicky

[diddydicky]

I guess you could respectfully point him to the law regarding Wilson and respectfully ask for him to re-consider the point???

 

 

personally i would not ask him to re consider the point and leave the situation whereby there is a possible ground of appeal for his self mis direction

 

also if he has spoken in the manner/tone you have reported- it may well indicate to an appeal judge a certain amount of bias

[cymruambyth]

Hi Sir Fuss, only just realised that today was the day, hope everything went ok!

[sir fussalot]

Hiya all.

sorry I Lost.. feel like I let everyone down.

 

Same judge, same bias.

 

He agreed with Cabrot.

 

Heres a short version as I have to go to work now..

 

Don't need to see NoA it , "would be included in the sale agreement."

 

Shedule of accounts below, ( blank )

 

Yes Fussey " as I said it would already be in the Sale agreement".

 

Did you receive a D. N. fussey? well I cant find it I dont know if one was sent.....

 

Well on the "balance of probabilities", " I am happy that they would have sent you one, and in the absence of you not knowinh or being able to prove otherwise, I will accept that one was sent....

 

Judgement for claimant......

 

sir I wish to appeal......

 

WHY

 

you have accepted no evidence frm Cabrot except when you asked their representative.

 

You have accepted "unlawfull rescission" as NO D.N.

 

I have already said fussey, In the balance of probabilities, I believe that they would have sent one.

 

You must remember that yu are dealing with LARGE crtedit card companies

who know what they need to do........

 

Appeal denied. Good afternoon.

 

I am shaken.... and most definatley STIRRED......

 

Fussey.

 

One Good Thing, they asked for £2650. costs judge said NO ( Small Claims)

[cymruambyth]

Sorry to here that you have become another victim of the DJ lottery. Did you get the N 460 for leave to appeal even if denied by DJ?

I see beau is looking in, he can give loads more advice on this!

[Hadituptohere]

As someone once said in one of my threads 'where was this case heard a casino?'. Another DJ that has ignored Statute Law and taken the moral high ground, terrible and should definatley be appealed

 

I am shaken.... and most definatley STIRRED......

 

Dont let this one go Fussey

 

Hadituptohere

[debt4get]

i totally agree another dj lottery...when are these dj's going to actually look at consumer law instead of just accepting what these idiots representing these companies say...the last line was a classic...you are dealing with a large credit card company who know what they need to know....unbelievable!!!

[sir fussalot]

O.K. time to stop sulking.......

 

Heres how it went.

 

Last hearing d.j. was shown that the T&C's were not the correct ones as Cabrot were saying they were.

 

At the Last Hearing he said that subject to Cabot supplying the correct T&C's from the Agreement, then he was "Happy that the (application form ), "agreement", was properley executed..

 

I had argued that, the T&C's show the wrong APR and Default charges. these being £18, ( they had allways been £24. on the statements.). I also pointed out that an entry from the "raw data action log", stated that the T&C's sent, were from Sept '06.

 

Cabot put in a W.S. that they had investigated this matter, unfortunatley they were only able to put forward the T&C's supplied by the original creditor, who has now supplied the correct ones.

 

Low and behold !,,, Cabot produced T&C's stating the charges would be £24.. However,

 

These T&C's were for Visa platinum, and Visa premium accounts, and printed proudly on the end was, " MONUMENT" also, the APR was incorrect.

They should have been for just a "PROVIDIAN Visa"

 

I showed his nibs this, and stood back....

 

Yes I see Mr Fussalot.. BUT. They would have been supplied at the time so I will accept that the agreement is "GOOD", AND,, AND, I will not be returning to this again, is that clear ?.. ( OUCH )

 

Oh well, here we go again....

 

I have not been shown a valid Notice of Assignment, in the Deed of Sale there is no mention that it applies to this account.

 

After he asked Cabrots "man", who explained that as they purchase up to 5oo accounts in any one time it is not practical to print each account as it could be against the Data Protection Act....

 

D.J....Mr. Fussalot, are you seriously expecting Cabot to print 5oo names and accounts, and then blank them out execpt for yours ?

 

No sir, I just wanted the proof of a Notice of Assignment.

 

We look at the letter in the trial bundle from Barclays to Cabrot ( see post 357 ) for the letter they used in court.

 

Do you accept that a sale was made mr Fussalot ?

 

Well, not from that letter sir....

 

Oh, and why would that be not acceptable to you ?

 

Well its looks to me like a photo copy of what Cabrot could have just printed off, as there is no headed "Barclays" on what is supposed to be their letter, And I can't see a name from Barclays ......

 

He then hit the roof...............

 

Mr Fussalot.. ( raised voice ).. I will not have you come in here alleging Fraud with no evidence to substansiate it.

 

YOU WERE SENT NOTICE OF THIS ASSIGNMENT AND THAT IS THE END OF THIS MATTER........

 

 

I do apologise... but I have to go to work..

I will continue later.

 

fussey.

 

 

Mine should have been PROVIDIAN

 

But he carried on

Edited July 6, 2010 by sir fussalot

[debt4get]

I think that this can be summed up in a few words...shafted by the establishment...

[vjohn82]

I think the Judge is going on the old "balance of probabilities" argument that seems ever so often used in these circumstances, particularly on assignment issues.

 

Shocking.

[diddydicky]

the judge - adopting the claimants arguments- now thats an interesting concept-

 

and the answer should have been

 

Damn right i want to see my agreement in the sale document- even if the claimant has to blank out 5000 other accounts!!

[sir fussalot]

So in order to SUM UP..

 

 

 

D,J ruled that the prescribed t&c were probabably in the accompanying leaflet.

 

D.J ruled that D.N. was sent and was O.K. ( without seeing it )

 

D.J dissmissed previous court order saying that the documents were to be produced. ( saying that he had already dealt with them ).

 

So no documents have been produced, ie, Notice of Assignment.

 

Default notice. agreement with the prescribed terms.

 

D.J. ignored evidence in the " Raw Data " log supplied by Cabrots, that ,

" application form re-scanned and sent." regarding my CCA request.

 

If I appeal... what is the likelyhood of success..

 

pos, maybe, good very good.

 

sir fus.

[Hadituptohere]

An appeal Judge couldnt let this mountain of misdirection pass him by, as long as you set you stall out properly...

 

 

Hadituptohere

[diddydicky]

So in order to SUM UP..

 

 

 

D,J ruled that the prescribed t&c were probabably in the accompanying leaflet.

 

D.J ruled that D.N. was sent and was O.K. ( without seeing it )

 

D.J dissmissed previous court order saying that the documents were to be produced. ( saying that he had already dealt with them ).

 

So no documents have been produced, ie, Notice of Assignment.

 

Default notice. agreement with the prescribed terms.

 

D.J. ignored evidence in the " Raw Data " log supplied by Cabrots, that ,

" application form re-scanned and sent." regarding my CCA request.

 

If I appeal... what is the likelyhood of success..

 

pos, maybe, good very good.

 

sir fus.

 

i am no expert - but i'd say that the chances of success a very high

 

so much so in fact that you may want to tout it around a few CFA lawyers

[sir fussalot]

Diddy..

 

Its early...... what are CFA lawyers /:confused:

 

 

fussey

[diddydicky]

contingency fee arrangement (no win - no fee)